A convention on cybercrime drafted by a committee set up by the United Nations General Assembly is a landmark step, said UN Office on Drugs and Crime (UNODC) Executive Director Ghada Waly.
She said: “I congratulate Member States and the Ad Hoc Committee, under the leadership of Ambassador Faouzia Boumaiza-Mebarki as Chair and a strong representative of women diplomats, for guiding negotiations and reaching consensus on the final text. UNODC is immensely proud to have supported the negotiation process and to serve as the Secretariat of the Convention. We will continue to play a central role in assisting in the implementation and ratification of the Convention, once adopted by the General Assembly, as well as providing technical assistance to Member States, as we work with all countries and partners to safeguard digital spaces.”
The draft text, three years in the making, stressed the sharing of evidence and international cooperation. Covered are interference with electronic data; misuse of devices; forgery, theft and fraud; online child sexual abuse material; non-consensual dissemination of intimate images; laundering of the proceeds of crime; and liability. Among the articles on law enforcement, the text proposes that each state should have a 24-7 point of contact to assist with criminal investigations. Also proposed are ‘international cooperation for the purpose of expedited preservation of stored electronic data’; mutual legal assistance in the interception and collecting of and access to electronic data; and mechanisms for the recovery of property and proceeds of crime.
The business body the International Chamber of Commerce (ICC) stressed the need for safeguards and judicial oversight of data collecting; and warned that ‘compelled assistance’ might lead to exposed sensitive info and breaches of security systems.
ICC Secretary General John WH Denton said: “Businesses worldwide invest heavily in cybersecurity measures, collaborate with law enforcement agencies, and innovate continuously to stay ahead of cyber threats. Despite this commitment and our consistent engagement in the UN negotiations over the past two years, governments have sadly failed to deliver global rules capable to tacking cross-border cybercrime collectively.
“We are deeply concerned that the new Convention will undermine collaborative efforts to fight cybercrime — raising broad risks of compromising national security, essential privacy safeguards and key investments in cyber defences.
“As such, we urge all governments to consider these fundamental risks carefully before proceeding with ratifying what is ultimately a flawed instrument.
“The global private sector remains steadfast in its commitment to preventing, detecting, and fighting cybercrime. To be clear, that effort needs to be backed by enhanced collaboration between governments — but sadly this Convention does not provide a sound or workable basis to strengthen the fight against criminal activity online.”
The ICC acknowledges a need for baseline cybersecurity standards across supply chains; and transnational agreements on cyber, particularly for the protection of critical infrastructure.
The UN General Assembly is expected to adopt the text later this year, making the first global legally binding instrument on cybercrime.
